Terms and conditions

TERMS AND CONDITIONS OF PURCHASING TICKETS FOR EVENTS IN THE “BAILA SHOW & DINING” RESTAURANT VIA ONLINE SHOP

Clause 1

[Definitions]

For the purposes of these Terms and Conditions, the following meanings of the terms below shall be accepted:

1. Ticket – a digital product in the form of a PDF file entitling the Buyer or another person indicated by the Buyer to enter the Event at the Restaurant and constituting proof that the booking for the Event has been made and paid; purchased and delivered on the basis of these Terms and Conditions,
2. Buyer – (i) a natural person with full legal capacity, and in cases envisaged in generally applicable Terms and Conditions – also a natural person with limited legal capacity; (ii) a legal person; or (iii) an organizational unit without legal personality, which the law recognizes as having legal capacity; – using or intending to use the Shop, concluding or intending to conclude the Agreement.
3. Consumer – a natural person concluding with the Seller an agreement not related directly to its business or professional activity, as well as, pursuant to art. 38a of the Act, a natural entrepreneur concluding an Agreement in direct connection with his business activity, if the Agreement is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
4. Terms and Conditions – these terms and conditions for the purchase of Tickets
5. Restaurant – the “Baila Show & Dining” Restaurant, located at the following address: ul. Grzybowska 60 in Warsaw.
6. Shop – an online shop available at https://bailawarsaw.com/ [ reservation ] or at another address where the Seller will make the sale of Tickets available after the first publication of the Terms and Conditions,
7. Seller – “PROSTORIA BW limited liability company with its seat in Warsaw (address: Grzybowska 60, 00-844 Warsaw), entered in the register of entrepreneurs of the National Court Register, kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the number National Court Register Number (KRS) 0000931323, Business Registry Number (REGON): 5272977361, Tax Identification Number (NIP): 5272977361 running on its own behalf and as part of its enterprise the “Baila Show & Dining” restaurant, located at: ul. Grzybowska 60 in Warsaw.
8. Agreement – a sales agreement concluded between the Seller and the Buyer via the Shop, under which the Seller undertakes to transfer the property in the form of a Ticket and issue to the Buyer, and the Buyer undertakes to collect the digital product and pay the price;
9. Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827 as amended)
10. Event – a show, performance, party or other similar entertainment event, not being a mass event, organized in the Restaurant, for which the Ticket is sold and delivered by the Seller under the Agreement,

Clause 2

[Preliminary provisions and rules for the use of the Ticket]

1. The Seller is an entrepreneur who independently provides professional cooking, catering and entertainment services, runs a professional entertainment venue under the name “Baila Show & Dining” located at: ul. Grzybowska 60 in Warsaw, i.e. a restaurant. The Seller organizes Events in the Restaurant, as well as makes available or enables organization of Events in the Restaurant.
2. Via the Shop, the Seller sells digital products, while providing the Buyer with electronic services in accordance with Clause 3 of the Terms and Conditions. A digital product is a pdf file containing an electronic version of the Ticket, issued by the Seller, which entitles to enter the Event at the Restaurant, specified in the Ticket. The Ticket has only a digital version.
3. It is not necessary to have a printed version of the Ticket to participate in the Event. The Ticket may be presented on an electronic device or it may be redeemed only by providing the name and surname of the Buyer or the person authorized by the Buyer to use the Ticket by providing the Seller with the name and surname of the person authorized at the latest on the day preceding the Event.
4. The sale is carried out no later than the day preceding the date of the Event. The Seller may finish the sale of Tickets due to the exhaustion of available places.
5. In order to make a purchase via the Shop, it is not necessary to meet specific technical conditions by the Buyer’s computer or other device. The following are sufficient:

1. Internet access,
2. having an e-mail address,
3. the Buyer’s own or made available funds that can be used as part of the payment for the Ticket by electronic means,
4. To use the electronic product, the computer or other device of the Buyer must meet the following technical conditions:

1. Internet access,
2. standard .pdf viewer (e.g. AdobeReader),
3. having an e-mail address.

4. The Buyer may not purchase anonymously, under a pseudonym or impersonating another person, unless he is acting under the authority of another person.
5. The Buyer must not provide illegal content, in particular by sending such content through the forms available in the Shop, as well as provide personal data of persons other than the Buyer’s data or without appropriate authorization. In addition, it is unacceptable to use the Shop by people who are under 18 years of age or have limited legal capacity.
6. All prices in the Shop are gross prices.

Clause 3

[Services provided electronically]

1. Via the Shop, the Seller provides the Buyer with an electronic service consisting in enabling the Buyer to conclude an agreement with the Seller for the supply of digital content in the form of PDF files available in the Shop, including Tickets for Events. The conclusion of the agreement is possible without having an account in the Shop. The procedure for concluding the agreement is described in detail in Clause 5 of the Terms and Conditions .
2. In order to ensure safety of the Buyer and of the transfer of data in connection with the use of the Shop, the Seller shall take technical and organizational measures adequate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
3. The Seller takes measures necessary to ensure proper function of the Shop. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Shop.
4. Any complaints related to the functioning of the Shop may be reported by the Buyer in the manner specified in Clause 9 of the Terms and Conditions .

Clause 4

[Intellectual property rights [

The digital products available in the Shop are works within the meaning of the Act of 4 February 1994 on copyright and related rights, to which the Seller is entitled. The events organized in the Restaurant are works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, and their recording in any manner or in any part is unacceptable.

Clause 5

[Concluding the Agreement]

1. To purchase a digital product, the Buyer must take the following steps:

1. Read the terms of delivery of the product presented in the Shop or in the domain of the Shop, including the date of the Event, information about the content of the Event and the Ticket price,
2. add a product or products to the basket by clicking the “Add to basket” button,
3. from the basket view, click on the “Go to payment” button,
4. fill out the order form, providing the data necessary to complete the order and select the payment method,
5. accept the Terms and Conditions – acceptance of the Terms and Conditions  is voluntary, but necessary to make a purchase,
6. choose the method of payment for the selected digital product,
7. accept the Terms and Conditions of the intermediary payment service provider, as well as the specific rules resulting from the selected method of electronic payment,
8. click on the “Buy and pay” button.
9. Perform the activities related to electronic payment required by the intermediary payment service provider.
10. After successful payment, the Buyer will be transferred to the Purchase Confirmation Page. At that moment, the Agreement for the supply of digital content of selected products is deemed concluded between the Buyer and the Seller. The Buyer will also receive a confirmation of purchase to the e-mail address provided in the order form.

Clause 6

Making a payment

1. Payments for products purchased via the Shop can only be made online (electronically).
2. The entity providing online payment services is PayPro S.A.
3. Any costs of payment for the Ticket specified in the payment portal, constituting the cost of the transaction alone, are the costs imposed by PayPro SA and are not the Seller’s income or part of the Ticket price. The Seller is not responsible for the course of the transaction, or for specific elements of the payment transaction, to which the Buyer has agreed by accepting the Terms and Conditions of the intermediary payment service provider.
4. Payments for products can be made via online transfer from bank accounts maintained by the Banks, shown on the subpage of these Terms and Conditions.
5. Payments can also be made by agreeing to charge the following payment cards:

1. Visa
2. Visa Electron
3. MasterCard
4. MasterCard Electronic
5. Maestro
6. Should the funds for a transaction made by the Buyer with a payment card be returned, the Seller shall refund to the bank account assigned to the Buyer’s payment card.

Clause 7

Delivery of the order

1. The purchased products shall be delivered as follows:
2. to the e-mail address provided by the Buyer when placing the order, the following will be sent: 1) a link to download a pdf file of the purchased Ticket or 2) a pdf file containing the Ticket, at the discretion of the Seller.

2. the products will be delivered as soon as possible, no later than within 3 working days, and the order processing time is counted – if the Buyer chooses payment by bank transfer, electronic payment or payment card – from the date of crediting the Seller’s bank account (until the delivery is completed, it is necessary to add the time necessary for the funds to be credited to the Seller’s bank account, i.e. it takes at least 1-2 working days).

Clause 8

[WITHDRAWAL FROM THE AGREEMENT; TICKET REFUND]

1. Pursuant to Art. 38 point 12 of the Act, the Buyer, including the Consumer, is not entitled to withdraw from the Ticket purchase agreement.
2. The Buyer may ask the Seller to accept the return of the Ticket due to special circumstances, while the decision to accept the return and refund of the Ticket price is at the sole discretion of the Seller.
3. A ticket purchased in the manner specified in the Terms and Conditions does not entitle to a refund or exchange for another, except in the case of cancellation of the Event or change of the date or place of the Event. In the event of cancellation of the Event, change of the date or place of the Event, the Buyer will have the possibility to exchange the Ticket for another or refund it by contacting the Seller in the manner specified in Clause 9 below.
4. In the event of cancellation, change of the time or place of the Event, the Seller shall immediately inform the Buyers of this fact via e-mail or on the website https://bailawarsaw.com/ […].
5. To dispell any doubts, the Seller reserves that the Ticket price will not be refunded if, despite the product defects specified in Clause 9 below or failure to deliver the Ticket for any reason, including transaction delays or technical problems, the Buyer or another person authorized by him participated in the Event ( on the basis of verification of booking details) either had the opportunity to participate in the Event or was offered the opportunity to participate in the Event.

Clause 9

[LIABILITY FOR DEFECTS]

1. The Seller is obliged to provide the Buyer with digital products free from defects.
2. The Seller is liable to the Buyer if the digital file has a physical or legal defect (warranty for defects).
3. If the Buyer finds a defect in the digital file, he should inform the Seller thereof, specifying what the defect is. The defect of a digital product may in particular lie in the fact that the .pdf file cannot be launched in the .pdf file viewer for reasons beyond the control of the Buyer.
4. The Buyer may contact the Seller both by traditional mail and by e-mail to the following address: contact@bailawarsaw.com
5. The Seller shall respond to the complaint submitted by the Buyer within 7 days from the date of delivery of the complaint by the means of communication with which the complaint was submitted. If the defect is confirmed, the Seller is only obliged to deliver a defect-free digital product. The product will not be considered defective if, despite the Buyer’s notification, the Buyer or another person authorized by him participated in the Event (based on the verification of booking data) or had the opportunity to participate in the Event or was offered the opportunity to participate in the Event.
6. Detailed information on the possibility for the User being a consumer to use extrajudicial means of handling complaints and pursuing claims as well as the rules of access these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php and http://www.uokik.gov.pl/wazne_adresy.php.

Clause 10

[PERSONAL DATA AND COOKIES POLICY]

By placing an order in the Shop, the Buyer acknowledges and agrees to placing his personal data in the Seller’s database and its processing for the purpose of concluding the Agreement and completing order, in accordance with the rules set out in the Seller’s Privacy Policy on the website of the Shop. The administrator of personal data is PROSTORIA BW limited liability company with its seat in Warsaw (address: Grzybowska 60, 00-844 Warsaw), entered in the register of entrepreneurs of the National Court Register, kept by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of the National Court Register under the number National Court Register Number (KRS) 0000931323, Business Registry Number (REGON): 5272977361, Tax Identification Number (NIP): 5272977361 (hereinafter referred to as “Prostoria“).

1. The rules for managing cookies, created in connection with the use of the Shop, are set out in the Seller’s Cookie Policy, contained on the website of the Shop.

Clause 11

[FINAL PROVISIONS]

1. The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products in the Shop without prejudice to the rights acquired by the Buyer, including in particular the terms of agreements concluded prior to the change.
2. The Seller reserves the right to make changes to the Terms and Conditions. The changes are effective from the date of publication of the changes on the website. Agreements concluded before the amendment to the Terms and Conditions shall be governed by the Terms and Conditions in force on the date of conclusion of the agreement.
3. These Terms and Conditions shall be valid from the date of publication on the website.
4. Any disputes related to agreements concluded via the Shop will be resolved by the Polish common court competent for the place of permanent business activity of the Seller. If the Buyer is a Consumer, s/he may request that the case be considered by a court more convenient for him/her, in accordance with the provisions on jurisdiction contained in the Code of Civil Procedure.